140 Approved - transfer without employer's consent?


honebeequery

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Hi All,

 

I have a question regarding my transfer of H1b and EB2 PERM to a new employer.

 

I'm working with a company for the past 3 years and my PERM was approved has year and my I-140 got approved in May 2016. Now, I'm planning to move to my client - into a better role and a different location. 

 

I still have 2+ years on my H1B and my client is willing to file the H1b and EB2 application with the new role.

However, my current employer is not in a mood to allow the transfer.

 

Now, I have the following questions.

 

1. Can my current employer revoke the I-140 and labor cert? Would that impact the retention of priority date?

2. What needs to be done in order to retain the priority date, even without the consent of my current employer?

3. What docs do I need for the transfer?

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